United States Ninth Circuit

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Tavares v. Whitehouse, 14-15814

In a petition for writ of habeas corpus, testing the limits of federal court jurisdiction to hear a habeas petition brought under the Indian Civil Rights Act (ICRA), 25 U.S.C. sections 1301-1303, where the underlying claim arises not from an actual detention or imprisonment, but instead from a tribe's temporary exclusion of its own members, the district court's dismissals for lack of jurisdiction are affirmed where a tribe's temporary exclusion of its own members from tribal land, but not the entire reservation, did not constitute a 'detention' under 25 U.S.C. section 1303, and the district court therefore lacked jurisdiction to review the tribal members' temporary exclusion claim.

Appellate Information

  • Decided
  • Published 2017/03/14




  • United States Ninth Circuit